Gitpod Self-Hosted Free License Terms and Gitpod Enterprise Source Code License
- These Software Licensing Terms (“Terms”) provide the terms and conditions that govern usage of the Software Gitpod Self-Hosted Free Edition in source and binary form (“Software”). The Software is provided by Gitpod GmbH, Am Germaniahafen 1, 24143 Kiel (“Gitpod”). By downloading or using to the Software, you agree to be bound by the following Terms.
Scope of Terms
- These Terms apply to the usage of the Software, which is designed to be used for business purposes.
- These Terms apply to the binary code and to the source code of the Software, unless the header of a source file explicitly refers to a different license.
- These Terms apply unless you have a separate agreement with Gitpod in written form that explicitly supersedes these Terms.
- The use of the Software as described in Sec. 2 is free of charge. It is however limited to the features that are accessible without a license key and may only take place in accordance with these Terms.
- In case you want to use additional features or distribute the Software or modifications to it without the restrictions of these Terms, please reach out for a license key, which is subject to different legal and commercial terms.
Granting of Rights
- Permission is hereby granted to obtain a copy of the Software and their accompanying documentation to use, reproduce and execute the Software for internal purposes in accordance with these Terms and to distribute the unmodified software without charging a fee for it.
- Subject to the conditions of these Terms, you may modify the Software, including patching it. You agree that Gitpod retains all right, title and interest in and to all such modifications and patches (“Modifications”). You may only use, reproduce and execute the Modifications for internal purposes in accordance with these Terms. You may not distribute Modifications to any third party. Nonetheless, you may make such modifications publicly available as fork of the repository which hosts the original version of the Software, however only under these Terms and only, if accompanied by the complete machine-readable source code of the Modifications and of the Software.
- The copyright notices in the Software and this entire statement, including the above license grant and these Terms must be included in all copies of the Software (in whole or in part). Copyright notices, serial numbers and other features aimed at product identification or control may not be removed, altered, suppressed or otherwise bypassed under any circumstances. For the avoidance of doubt, the software may neither in source nor in binary form be modified in order to enable or activate any features of the software that would otherwise require a valid license key.
- Any other usage of the Software, in particular modifying, combining it with other software and providing it to third parties on a commercial basis, is prohibited. This includes any sale, lease, indirect use of the Software to the benefit of third parties and its provision as a commercial service, or offering it as a part of a commercial service or platform.
- The Software remains the exclusive intellectual property of Gitpod at all times. Mandatory rights resulting from applicable copyright law (e.g. related to decompilation) remain unaffected.
- Gitpod provides the source code of the Software on a voluntary basis and is not obligated to do so. Furthermore, Gitpod is not obligated to provide any updates or upgrades it may develop.
- Please consider purchasing a license key (see above Sec. 3) for further usage rights and additional features.
- Gitpod intends to collect certain statistical data on the use of the Software on an anonymized basis in the future with a future version of the Software. The data will only be used to improve the Software and the data will not be sold to third parties. Gitpod will inform about this with the future release.
Warranty and Liability
- THE SOFTWARE IS PROVIDED FREE OF CHARGE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF OR OTHER DEALINGS IN THE SOFTWARE.
- THIS LIMITATION OF LIABILITY DOES NOT EXCLUDE MANDATORY LEGAL GROUNDS FOR LIABILITY SUCH AS LIABILITY FOR PERSONAL INJURY, GROSS NEGLIGENCE, WILLFUL INTENT OR LAWS ON PRODUCT LIABILITY.
- The Software contains third-party components including open source software (“Third-Party Components“). Parts of such Third-Party Components are subject to deviating license terms (“Third-Party License Terms“). A list of such Third-Party Components and its respective Third-Party License Terms are available via the files License.third-party.npm.txt and License.third-party.go.txt. No stipulation in these Terms is intended to impose further restrictions on your use of such Third-Party Components licensed under Third-Party License Terms.
- Gitpod reserves the right to introduce deviating or additional Third-Party License Terms in the course of modifications of the Software and in case of updates for the Software to the extent necessary due to additional Third-Party Components or due to changed Third-Party License Terms.